[Federal Register Volume 78, Number 8 (Friday, January 11, 2013)]
[Notices]
[Pages 2365-2366]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-00469]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-533-824]


Polyethylene Terephthalate Film, Sheet and Strip From India: 
Partial Rescission of Antidumping Duty Administrative Review; 2011-2012

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

DATES: Effective Date: January 11, 2013.

FOR FURTHER INFORMATION CONTACT: Toni Page, Import Administration, 
International Trade Administration, U.S. Department of Commerce, 14th 
Street and Constitution Avenue NW., Washington, DC 20230; telephone: 
(202) 482-1398.

Background

    On July 2, 2012, the Department of Commerce (Department) published 
a notice of opportunity to request an administrative review of the 
antidumping duty (AD) order on polyethylene terephthalate film, sheet 
and strip from India covering the period July 1, 2011, through June 30, 
2012.\1\ The Department received a timely request from Petitioners \2\ 
for an AD administrative review of five companies: Ester Industries 
Limited (Ester), Garware Polyester Ltd. (Garware), Polyplex Corporation 
Ltd. (Polyplex), SRF Limited (SRF), and Jindal Poly Films Limited of 
India (Jindal).\3\ In addition, the Department

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received timely requests for an AD review from SRF and Jindal.\4\ On 
August 30, 2012, the Department published a notice of initiation of 
administrative review with respect to Ester, Garware, Jindal, Polyplex, 
and SRF.\5\ On September 26, 2012, one of the petitioners (DuPont 
Teijin Films) withdrew its request for an AD administrative review of 
all the companies for which reviews were initiated.\6\ Finally, on 
November 30, 2012, the remaining petitioners (Mitsubishi Polyester 
Film, Inc., SKC, Inc., and Toray Plastics (America), Inc.) submitted a 
withdrawal request for Ester and Garware only.\7\
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    \1\ See Antidumping or Countervailing Duty Order, Finding, or 
Suspended Investigation; Opportunity To Request Administrative 
Review, 77 FR 39216, 39217 (July 2, 2012).
    \2\ Petitioners are DuPont Teijin Films, Mitsubishi Polyester 
Film, Inc., SKC, Inc., and Toray Plastics (America), Inc.
    \3\ See Polyethylene Terephthalate (PET) Film, Sheet, and Strip 
from India: Request for Antidumping Duty Administrative Review: 
Petitioners' Request for an Administrative Review (July 31, 2012).
    \4\ See Polyethylene Terephthalate (PET) Film from India/Request 
for Antidumping Admin Review/Jindal Poly Films Limited (July 30, 
2012) and Polyethylene Terephthalate (PET) Film from India/Request 
for Antidumping Admin Review/SRF Limited (July 30, 2012).
    \5\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews and Requests for Revocation in Part, 77 FR 
52688 (August 30, 2012).
    \6\ See Polyethylene Terephthalate (PET) Film, Sheet, and Strip 
from India: Withdrawal of DuPont Teijin Films' Request for 
Antidumping Duty Administrative Review (September 26, 2012).
    \7\ See Polyethylene Terephthalate (PET) Film, Sheet, and Strip 
from India: Partial Withdrawal of Request for Antidumping Duty 
Administrative Review (November 30, 2012).
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Rescission, in Part

    Pursuant to 19 CFR 351.213(d)(1), the Secretary will rescind an 
administrative review, in whole or in part, if a party that requested 
the review withdraws the request within 90 days of the date of 
publication of the notice of initiation of the requested review. 
Petitioners' September 26, 2012, and November 30, 2012, withdrawal 
requests were submitted within the 90-day period and thus are 
timely.\8\ Because Petitioners' withdrawals of their requests for 
review are timely and because no other party requested a review of 
Ester and Garware, we are rescinding this review with respect to these 
companies, in accordance with 19 CFR 351.213(d)(1). The requests from 
Mitsubishi Polyester Film, Inc., SKC, Inc., and Toray Plastics 
(America), Inc. for an administrative review of Jindal, Polyplex, and 
SRF have not been withdrawn. As such, we are not rescinding the review 
with respect to these three companies. For the review, the Department 
will proceed with individual examination of the two previously selected 
mandatory respondents, Jindal and SRF.
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    \8\ The 90th day fell on November 28, 2012; however, as 
explained in the memorandum from the Assistant Secretary for Import 
Administration, the Department has exercised its discretion to toll 
deadlines for the duration of the closure of the Federal Government 
from October 29, through October 30, 2012. Thus, all deadlines in 
this segment of the proceeding have been extended by two days. The 
revised deadline for filing a withdrawal request was November 30, 
2012. See Memorandum to the Record from Paul Piquado, Assistant 
Secretary for Import Administration, regarding ``Tolling of 
Administrative Deadlines As a Result of the Government Closure 
During Hurricane Sandy'' (October 31, 2012).
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Assessment

    The Department will instruct U.S. Customs and Border Protection 
(CBP) to assess ADs on all appropriate entries. Subject merchandise of 
Ester and Garware will be assessed ADs at rates equal to the cash 
deposit of estimated ADs required at the time of entry, or withdrawal 
from warehouse, for consumption, in accordance with 19 CFR 
351.212(c)(1)(i). The Department intends to issue assessment 
instructions to CBP 15 days after the date of publication of this 
notice.

Notification to Importers

    This notice serves as a final reminder to importers for whom this 
review is being rescinded, as of the publication date of this notice, 
of their responsibility under 19 CFR 351.402(f)(2) to file a 
certificate regarding the reimbursement of ADs prior to liquidation of 
the relevant entries during this review period. Failure to comply with 
this requirement could result in the Secretary's presumption that 
reimbursement of the ADs occurred and the subsequent assessment of 
double ADs.

Notification Regarding Administrative Protective Orders

    This notice also serves as a final reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305, which continues 
to govern business proprietary information in this segment of the 
proceeding. Timely written notification of the return/destruction of 
APO materials or conversion to judicial protective order is hereby 
requested. Failure to comply with the regulations and terms of an APO 
is a violation which is subject to sanction.
    This notice is issued and published in accordance with section 
777(i)(1) of the Tariff Act of 1930, as amended, and 19 CFR 
351.213(d)(4).

    Dated: January 7, 2013.
Christian Marsh,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations.
[FR Doc. 2013-00469 Filed 1-10-13; 8:45 am]
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